26B-2-239.  Clearance required — Application by covered providers, covered contractors, and individuals.

(1)  The definitions in Section 26B-2-238 apply to this section.

Terms Used In Utah Code 26B-2-239

  • Resident: means a person 21 years old or older who:
(a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
(b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2) 

    (a)  A covered provider may engage a covered individual only if the individual has clearance.

    (b)  A covered contractor may supply a covered individual to a covered employer or covered provider only if the individual has clearance.

    (c)  A covered employer may engage a covered individual who does not have clearance.

    (3) 

    (a)  Notwithstanding Subsections (2)(a) and (b), if a covered individual does not have clearance, a covered provider may engage the individual or a covered contractor may supply the individual to a covered provider or covered employer:

    (i)  under circumstances specified by department rule; and

    (ii)  only while an application for clearance for the individual is pending.

    (b)  For purposes of Subsection (3)(a), an application is pending if the following have been submitted to the department for the individual:

    (i)  an application for clearance;

    (ii)  the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and

    (iii)  any fees established by the department under Subsection 26B-2-240(9).

    (4) 

    (a)  As provided in Subsection (4)(b), each covered provider and covered contractor operating in this state shall:

    (i)  collect from each covered individual the contractor engages, and each individual the contractor intends to engage as a covered individual, the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and

    (ii)  submit to the department an application for clearance for the individual, including:

    (A)  the personal identification information; and

    (B)  any fees established by the department under Subsection 26B-2-240(9).

    (b)  Clearance granted for an individual pursuant to an application submitted by a covered provider or a covered contractor is valid until the later of:

    (i)  two years after the individual is no longer engaged as a covered individual; or

    (ii)  the covered provider’s or covered contractor’s next license renewal date.

    (5) 

    (a)  A covered provider that provides services in a residential setting shall:

    (i)  collect the personal identification information specified by the department under Subsection 26B-2-240(4)(b) for each individual 12 years old or older, other than a resident, who resides in the residential setting; and

    (ii)  submit to the department an application for clearance for the individual, including:

    (A)  the personal identification information; and

    (B)  any fees established by the department under Subsection 26B-2-240(9).

    (b)  A covered provider that provides services in a residential setting may allow an individual 12 years old or older, other than a resident, to reside in the residential setting only if the individual has clearance.

    (6) 

    (a)  An individual may apply for clearance by submitting to the department an application, including:

    (i)  the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and

    (ii)  any fees established by the department under Subsection 26B-2-240(9).

    (b)  Clearance granted to an individual who makes application under Subsection (6)(a) is valid for two years unless the department determines otherwise based on the department’s ongoing review under Subsection 26B-2-240(4)(a).

    Renumbered and Amended by Chapter 305, 2023 General Session

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